Family Law Blog

What Happens When Parents Cannot Agree on a Parenting Plan?

Agreeing with your spouse during divorce proceedings can be extremely difficult. Emotions are high, resentments are festering, and parents often have a hard time seeing past all of this to come to terms on a parenting plan. Too often, divorcing parents cannot seem to agree on a parenting plan. What Happens When Parents Cannot Agree…

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What Does it Mean to Open an Orange County Department of Child Support Services (DCSS) Case?

Generally, each county in California has a Department of Child Support Services (DCSS) governmental agency designed to wither establish, enforce, or modify child support support orders. There are 2 types of cases opened by DCSS: Public assistance (i.e. Welfare) and Non-Public Assistance. If you receive public assistance, you have automatically assigned to DCSS or the…

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What are the Tax Implications of Paying or Receiving Child and Spousal Support in California?

There are definite tax implications regarding child and spousal support in California, and here are the differences: Spousal support deductibility: Spousal support is generally considered under state and Federal law to be tax-deductible to the spouse who is paying such support, and is reportable income to the spouse who receives such income. Child Support deductibility…

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What is the Process for Stepparent Adoptions in Orange County?

In stepparent adoption, one biological or legal parent retains custody control of the children, with the stepmother or stepfather of the child seeking to adopt the child. Stepparent adoption cases are filed in Probate court, not Family Law court. An investigation case file is opened after the initial paperwork has been filed with the court…

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The Top 4 Reasons Why You Need a California Prenuptial Agreement!

There are many good reasons why you should get a prenuptial agreement in California, but here are the top four: 1. You protect your assets earned prior to marriage. 2. You are able to take control over your destiny, rather than leaving it up to the Court to determine. 3. You are able to enter…

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How Enforceable are California Prenuptial Agreements?

Most California prenuptial agreements are enforceable, as long as certain requirements are met.  California Family Code section 1615 addresses the enforceability of premarital agreements and states that: a. A Premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: The the party did not execute the agreement…

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I Am a Victim of Domestic Violence, What are My Options?

If you have been a victim of domestic violence, you can seek orders from the Court to protect you from such violence or threats of violence at the hands of a family member or someone you date or live with, by filing a Temporary Restraining Order with the Court. You can generally obtain an emergency…

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I am Afraid that my Abusive Spouse Will Find Out Where I Have Moved, How Can I Protect Myself?

There is a relatively new program in California that helps protect victims of domestic violence, known as the California “Safe At Home Confidential Address Program”. On January 1, 2007, a confidential mail forwarding program administered by the California Secretary of State’s Office called “Safe At Home” took effect to protect victims of domestic violence. The…

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Do I have Any Immediate Rights and Orders When I File and Serve My California Divorce Paperwork?

Yes, you have immediate rights and order that take effect when spouse is served.  The importance of personally serving the Summons and Petition on your spouse is that the Summons includes automatic, build-in family law restraining orders preventing either spouse from selling or giving away any property, changing any insurance policies or beneficiaries, or taking…

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What is Annulment, and When is it More Appropriate to Seek Instead of Divorce?

Petitioning for a judgment of nullity (instead of divorce) is appropriate where the validity of the marriage is in doubt, i.e. that no valid marriage ever occurred from its inception because it was void or voidable. In other words, whereas a divorce matter seeks to terminate marital status, a nullity action seeks to determine whether…

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When is Filing for a Legal Separation More Appropriate vs. a Divorce?

In situations where a party wants to obtain orders for child custody, visitation, and/or other issues but has not lived in the same county for the past three months or in California for the past six months to meet the time requirements for filing for a divorce, that party can file for Legal Separation and…

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